BNP may be on strong legal ground, but it should clear its position: David Bergman
"However, the BNP is also playing with fire unless it makes absolutely clear — which, at the time of writing, it has not — what exactly are its intentions regarding the implementation of the July Charter reforms," Bergman added.
British journalist David Bergman has said that the BNP may have legitimate constitutional grounds for instructing its newly elected members of parliament not to take an oath to join the proposed Constitution Reform Council.
He made the observation in a post shared on his verified Facebook page at 4:30pm today (17 February).
His full observation, made after Tarique Rahman took oath as the prime minister and formed a 49-member cabinet, reads:
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"The BNP may have legitimate legal grounds for instructing its newly elected MPs not to swear an oath to join the proposed Constitutional Reform Council. There is, after all, no provision in the Constitution for such an oath, nor for the creation of a constitutional reform council of the kind envisaged in the Constitution Reform Counil. On strictly constitutional grounds, the party's position seems solid.
However, the BNP is also playing with fire unless it makes absolutely clear — which, at the time of writing, it has not — what exactly are its intentions regarding the implementation of the July Charter reforms.
It may be fair to question whether, in voting "yes" at the referendum, members of the public fully understood the precise nature of reforms that would be implemented. Nevertheless, the electorate did vote in favour of a package of constitutional changes. If the BNP were perceived to be abandoning or significantly diluting those reforms, it could well face serious political consequences very early in its term of office.
That said, it is unlikely that this is the party's intention. The more plausible interpretation is that the BNP intends to implement most of the constitutional changes set out in the July Charter, but to do so through the formal amendment procedure under Article 142 of the Constitution.
From the BNP's perspective, this approach would allow it to remain within the orthodox constitutional framework and avoid being bound by the constraints of the Constitution Reform Order.
If that is indeed the strategy, it must be communicated clearly and promptly. In the absence of clarity, suspicion will fill the vacuum — and the political cost could be significant."
